High Court · 2025

W.P(MD)Nos.18177, 18499 & 16788 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED: 10.07.2025CORAMTHE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN andTHE HONOURABLE MR.JUSTICE B.PUGALENDHIW.P(MD)Nos.18177, 18499 & 16788 of 2025andW.M.P(MD)Nos.13929, 13932, 12745 to 12747 of 2025W.P(MD)No.18177 of 2025:L.K.Vasudevan... Petitioner Vs.1.The Secretary to Governmentof Tamil Nadu, Revenue Department, Secretariat, Fort St.George, Chennai – 32.2.The Commissioner, Department of Geology and Mining, Alanthur Road, Guindy Industrial Park, Guindy, Chennai – 600 032.3.The District Collector, Office of the District Collector, Collectorate, Tiruchirappalli.1/12 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.18177, 18499 & 16788 of 20254.The Assistant Director, Department of Geology and Mining, Collectorate, Tiruchirappalli.5.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Trichy Revenue Division, Tiruchirappalli.6.The Assistant Executive Engineer, Public Works Department (WRD), District Court Campus, NKHLC – Section (RC Division), Trichy.7.The Executive Engineer, The Public Works Department, River Conservation Division, Tiruchirappalli.8.The Omega Construction Private Limited, Represented by Managing Director, No.46, Co-operative Colony Upplipalayam Post, Singanallur, Coimbatore – 641 015.9.S.A.S.Arockiasamy10.The Chief Workshop Manager, M/s.Central Workshops, Southern Railway, Ponmalai, Trichy District.... RespondentsPrayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the seventh respondent to restore the bed level of 2/12 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.18177, 18499 & 16788 of 2025illegally mined out area and also direct the respondents 1 and 3 to take legal action against the illegal mining activities in S.F.No.166A/2 and 166B/3, Alathur Village, Trichy (East) Taluk, Trichy District an total extent of 46.55.5 hectares based on the petitioner's complaint dated 19.06.2023 and 23.06.2023. For Petitioner: Mr.P.Ganapathi SubramanianFor Respondents: Mr.Ajmal Khan Additional Advocate General Assisted by Mr.A.Kannan Additional Government Pleader for R.1 to R.7 Mr.K.Muthu Ganesa Pandian for R.8W.P(MD)No.18499 of 2025:L.Joseph... Petitioner Vs.1.The District Collector, Trichy District, Trichy.2.The Commissioner, Ariyamangalam Corporation, Trichy Corporation.3.The Revenue Divisional Officer, Trichy East Taluk, Trichy.3/12 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.18177, 18499 & 16788 of 20254.The Executive Engineer, Public Works and Water Resource Department, Trichy, Trichy District.5.The Tahsildar, Trichy East Taluk, Trichy District.... RespondentsPrayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to remove the water body encroachment made in the Mavadi Lake lies in S.Nos.166A/3, 166B/3, Alathur Village, Trichy East Taluk, Trichy District and take appropriate steps for maintaining the water in the lake and utilize the same for the agriculture purpose by consider the petitioner's representation dated on 26.09.2024. For Petitioner: Mr.V.G.Vallarasu ChezhiyanFor Respondents: Mr.Ajmal Khan Additional Advocate General Assisted by Mr.A.Kannan Additional Government Pleader for R.1, R.3 to R.5 Mr.J.Sriprasad for M/s.R.B.Law Associates for R.2W.P(MD)No.16788 of 2025:Kaveri Neervala Athara Pathukappu Sangam,(Reg No.23/2012),Represented by its President,A.Sudalaikannu,4/12 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.18177, 18499 & 16788 of 2025Nachayammalkadai Bus Stop,27, Vivekanandar Road,Veetukattuvalasu,Erode – 638 011.... Petitioner Vs.1.Union of India, Represented by The Secretary to Government, Ministry of Environment and Forestsand Climate Change, Government of India, Paryavaran Bhavan, New Delhi – 110 003.2.The Secretary, Revenue Department, Government of Tamil Nadu, Secretariat, Fort St.George, Chennai – 600 009.3.The Commissioner, Department of Geology and Mining, Alanthur Road, Guindy Industrial Park, Guindy, Chennai – 600 032.4.The District Collector, Office of the District Collector, Collectorate, Tiruchirappalli.5.The Assistant Director, Department of Geology and Mining, Collectorate, Tiruchirappalli.5/12 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.18177, 18499 & 16788 of 20256.The Assistant Engineer, Public Works Department (WRD), NKHLC-Section (RC Division), Trichy.7.The Executive Engineer, Public Works Department, River Conservation Division, Tiruchirappalli.8.The Omega Construction Private Limited, Represented by Managing Director, No.46, Co-operative Colony Upplipalayam Post, Singanallur, Coimbatore – 641 015.9.S.A.S.Arockiasamy... RespondentsPrayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 and 2 to restore the water body in S.F.No.166/A, Alanthur Village, Trichy (East) Taluk, Trichy District in an extent of 124 Acres erects biard of information as to the water body being the prohibited area, initiate appropriate action against all concerns and also direct the respondents 1 and 2 to take departmental disciplinary proceedings as well as penal proceedings against the officials involved in the mining scam based on the petitioner's complaint dated 08.06.2025.For Petitioner: Mr.K.P.S.Palanivel Rajan Senior Counsel for Mr.A.Thirumalai RajaFor Respondents: Mr.S.Paramasivam Central Government Standing Counsel for R.16/12 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.18177, 18499 & 16788 of 2025 Mr.Ajmal Khan Additional Advocate General Assisted by Mr.A.Kannan Additional Government Pleader for R.2 to R.7 Mr.K.Muthu Ganesa Pandian for R.8 COMMON ORDERHeard both sides. 2.Omega Constructions Private Limited was granted permission under Rule 7 of the Tamil Nadu Minor Mineral Concession Rules, 1959 to quarry 10,000 cubic meters of mineral from Mavadi Kulam tank, Aalathur Village. Questioning the grant of permission, W.P(MD)Nos.16788 of 2025 and 18177 of 2025 came to be filed. On 03.07.2025, we passed the followed order in W.P(MD)No.16788 of 2025: “The petitioner questions the permission granted by the District Collector in favour of the eighth respondent for quarrying 10,000 cubic meters of sand in Mavadikulam tank for a railway project. 2.The eighth respondent shall file an affidavit of undertaking as follows: 7/12 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.18177, 18499 & 16788 of 2025a) to ensure, that at the end of the lease period, the tank bed level will be uniform throughout. In other words, the quarried area shall be completely levelled. b) The contractor shall erect bunds of appropriate height throughout. c) The sluice level of the tank has to be maintained so that water from the Mavadikulam can be distributed evenly to the agriculturists. The inlet shall not be closed. 3.The revenue officials and the Deputy Director of Geology and Mining shall jointly conduct drone survey / survey and submit a report indicating the quantity of sand already quarried. They shall also indicate the measures to be taken by them to ensure that the ceiling imposed by them is not breached. A report form the Public Works Department shall also be obtained regarding the free flow of water from the tank for the agriculturists. 4.Call this case on 10.07.2025.”3.Today, when the matter was taken up for hearing, the learned Additional Advocate General submitted the status report of the District Collector, Trichy. The authorities concede that the DGPS survey done by them indicated that the quarry limit had already been exceeded by 1170 cubic meters of earth. Since the licensee had breached the conditions of lease, the license itself had been cancelled vide proceedings dated 09.07.2025. It is further undertaken that consequential penal action will also be taken under Omega 8/12 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.18177, 18499 & 16788 of 2025Constructions Private Limited under the relevant provisions of the Tamil Nadu Minor Mineral Concession Rules, 1959. 4.We direct the authorities to utilise the amount collected from the licensee towards cost of mineral, etc for restoration of Mavadi Kulam tank to its original condition. 5.These Writ Petitions are disposed of accordingly. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed. [G.R.S., J.] [B.P., J.] 10.07.2025 NCC: Yes / NoInternet: Yes / NoIndex : Yes / NoMGATo 1.The Secretary to Governmentof Tamil Nadu, Revenue Department, Secretariat, Fort St.George, Chennai – 32.2.The Commissioner, Department of Geology and Mining, Alanthur Road, Guindy Industrial Park, Guindy, Chennai – 600 032.9/12 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.18177, 18499 & 16788 of 20253.The District Collector, Office of the District Collector, Collectorate, Tiruchirappalli.4.The Assistant Director, Department of Geology and Mining, Collectorate, Tiruchirappalli.5.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Trichy Revenue Division, Tiruchirappalli.6.The Assistant Executive Engineer, Public Works Department (WRD), District Court Campus, NKHLC – Section (RC Division), Trichy.7.The Executive Engineer, The Public Works Department, River Conservation Division, Tiruchirappalli.8.The Managing Director, Omega Construction Private Limited, No.46, Co-operative Colony Upplipalayam Post, Singanallur, Coimbatore – 641 015.9.The Chief Workshop Manager, M/s.Central Workshops, Southern Railway, Ponmalai, Trichy District.10/12 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.18177, 18499 & 16788 of 202510.The District Collector, Trichy District, Trichy.11.The Commissioner, Ariyamangalam Corporation, Trichy Corporation.12.The Revenue Divisional Officer, Trichy East Taluk, Trichy.13.The Executive Engineer, Public Works and Water Resource Department, Trichy, Trichy District.14.The Tahsildar, Trichy East Taluk, Trichy District.15.The Secretary to Government, Union of India, Ministry of Environment and Forestsand Climate Change, Government of India, Paryavaran Bhavan, New Delhi – 110 003.11/12 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.18177, 18499 & 16788 of 2025G.R.SWAMINATHAN, Jand B.PUGALENDHI, J.MGAW.P(MD)Nos.18177, 18499 & 16788 of 2025andW.M.P(MD)Nos.13929, 13932, 12745 to 12747 of 202510.07.202512/12